It is the purpose of this chapter to implement within the City the provisions
of the Commonwealth of Virginia Emergency Services and Disaster Law of 1973 by providing, insofar as the resources of the City permit, the
organization, personnel, equipment and plans which are necessary to deal adequately
with natural and man-made disasters which may occur within the City and its
environs and, to the extent of the means available, to provide emergency disaster
services to other communities and respond to calls made by the Governor or
by the Office of Emergency Services of the state.
Definitions shall be as provided in § 44-146.16 of the Code
of Virginia.
The mission of the City Council, within the purview of this chapter
and acting through its Director of Emergency Services, is to direct and support
the emergency services of the City and to cooperate with other cities and
counties and the State Office of Emergency Services in the event of man-made
or natural disaster.
No person shall be a member, employee or agent of or be associated with
the Colonial Heights Emergency Services Organization who advocates or has
advocated a change by force or violence in the constitutional form of government
of the United States or in this state or the overthrow of any government in
the United States by force or violence or who has been convicted of or is
under indictment or information charging any subversive act against the United
States. Each person who is appointed to serve in such organization shall,
before entering upon his duties, take an oath, in writing, before a person
authorized to administer oaths in this state, which shall be substantially
as follows:
"I, .............................. , do solemnly swear (or
affirm) that I will support and defend the Constitution of the United States
and the Constitution of the Commonwealth of Virginia against all enemies foreign
and domestic; that I will bear true faith and allegiance to the same; that
I take this obligation freely, without any mental reservation or purpose of
evasion; and that I will well and faithfully discharge the duties upon which
I am about to enter.
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"And I do further swear (or affirm) that I do not advocate,
nor am I a member of any political party or organization that advocates, the
overthrow of the Government of the United States or of this state by force
or violence and that, during such time as I am a member of the Colonial Heights
Emergency Services Organization, I will not advocate or become a member of
any political party or organization that advocates the overthrow of the Government
of the United States or of this state by force or violence."
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The Coordinator of Emergency Service Activities, under the direct supervision
of the Director of Emergency Services, shall be the executive officer of the
Colonial Heights Emergency Services Organization and, in the absence or disability
of the Director, shall assume command of the organization. He shall have such
other powers and perform such other duties as may be specified for the office
of local Coordinator of Emergency Service Activities by the Commonwealth of
Virginia Emergency Services and Disaster Law of 1973 or by the Director of Emergency Services, consistent with state
law and the plans and policies of the Governor and the State Office of Emergency
Services.
It shall be the duty of the Colonial Heights Emergency Services Organization
and the officers thereof to execute and enforce such orders, rules and regulations
as may be made by the Governor under authority of the Commonwealth of Virginia
Emergency Services and Disaster Law of 1973, and that organization shall have available for inspection at its
office or at the office of the City Clerk all such orders, rules and regulations.
Nothing in this chapter is to be construed to:
A. Limit, modify or abridge the authority of the Governor
to exercise any powers vested in him under the laws of this state in conjunction
with any provisions of this chapter.
B. Interfere with dissemination of news or comment on public
affairs; but any communications facility or organization, including but not
limited to radio and television stations, wire services and newspapers, may
be required to transmit or print public service messages furnishing information
or instructions in connection with actual or pending disaster.
C. Affect the jurisdiction of responsibilities of police
forces, fire-fighting forces, units of armed forces of the United States or
of this state and any personnel thereof, when on active duty, but the Colonial
Heights Emergency Services Organization shall place reliance upon such forces
in the event of declared disasters.
D. Interfere with the course of conduct of a labor dispute,
except that actions otherwise authorized by this chapter or other laws may
be taken when necessary to forestall or mitigate imminent or existing danger
to public health or safety.